International Class (Trademarks)

Asked almost 2 years ago - New York, NY

What happened if I want to register a skateboard brand (selling skateboard griptapes) wich is IC 028 and there's another brand with a similar name and class 028 but they are selling fishing rods?

Attorney answers (4)

  1. Daniel Nathan Ballard

    Contributor Level 20

    6

    Lawyers agree

    Answered . This is your umpteenth question about the trademark registration process. You're clearly interested -- which is a good thing. But trademark registration is about Step 5 in the branding process. You first need to come up with one or more brand identifiers considering their (1) marketplace impact, (2) already-existing marks, and (3) the protectablility of the marks [can you enforce it?]. You then need to "clear the rights" to the one or two marks you select. Then you need to decide how you will actually use those marks on your products and in your advertising. THEN you need to work on registering the marks. From Step 1 to the last having a trademark attorney in the process is a big help -- and likely necessary. If you cannot afford a trademark attorney then you need to consider whether you're financially prepared to launch the business. And, if you're really interested in the trademark registration process, read the 1200 page manual that we trademark lawyers have to know inside and out: http://tess2.uspto.gov/tmdb/tmep/ That manual focuses on "process" -- to really know trademark law one must read and understand all the relevant laws, regulations and administrative and case law on the subject. So don't take lightly the suggestion to see a trademark attorney. And don't be fooled by the US Patent and Trademark Office efforts to convince you that anyone can properly file a trademark registration application. That is plainly wrong.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and... more
  2. James Juo

    Contributor Level 16

    3

    Lawyers agree

    Answered . Maybe the Trademark Examiner will refuse registration because the goods are related and the proposed marks are too similar such that the examiner would conclude there would be a likelihood of confusion between the two marks. Maybe not. Depends on a balancing of the different facts under the law. If the examiner refuses registration, you can argue that the goods are not related such that there would not be a likelihood of confusion even with similar marks. If you are unfamiliar with trademark law and the test for likelihood of confusion, it is unlikely that you will be able to make a legally persuasive argument to overcome a refusal. If you are serious about being in business, retain an attorney to advise you about your commercial endeavor. That is what business people do.

    This answer is for informational purposes only. It is not intended as specific legal advice regarding your... more
  3. Michael Charles Doland

    Contributor Level 20

    3

    Lawyers agree

    Answered . This is a multiple, mustiple posting of a variation of the same question. Avvo is not the subject for your own attorney. Your obsession with a name instead of the business is a mis-placed priority. Do you have a CPA? Do you have an insurance carrier? Do you have a business plan?

    The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may... more
  4. Bruce E. Burdick

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . What happens is you go see a trademark attorney and you will probably be told to pick a better mark so that you don't have this issue and so that you can expand your business in the future without a conflict. To answer you hypo, it will depend on about 8 factors, chief of which will likely be how many different products the fishing rod company makes and whether they seem likely to make skateboards. Your many questions tells me you're wasting your time spinning your wheels and need to see a trademark attorney, and if you cannot do that you need to find another line of work.

    I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is... more

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